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Night Courts
When
offenders are arrested, they are either bailed to appear the next
Court day or they are kept in custody until the next Court day. If
they are arrested on a Saturday afternoon, they appear before the
Court on a Monday morning.
At the
time of their arrest, their offending is fresh in their minds and
they are more inclined to plead guilty. By the time they eventually
get to Court, they have probably realised the enormity of the
situation they have found themselves in and are likely to plead not
guilty or at least be hesitant when asked how they plead. Either
way, this involves either being treated as a not guilty plea or an
adjournment or remand. This wastes time. It also gives them time to
rationalise that maybe they weren't that guilty or a lawyer talks
them into pleading not guilty. After all, the lawyer will make more
money from a defended case. (How can I think like that?!)
It is my
suggestion that a system of Night Courts be made available. Probably
only one in Auckland and other major cities and all arrests are
taken there. A Duty Solicitor should be available, either on legal
aid or from a Public Defenders Office (to be created!). A Solicitor,
rostered and paid to be there, not paid on a per case basis would be
less liable to enter frivolous not guilty pleas. This way, any
offender would be fairly represented and there is less likelihood
for a not guilty plea whereby the arresting Officer and any
witnesses have to waste a day in Court. This would mean more Police
out there, doing their job rather than wasting time sitting around
waiting to give evidence. The public would not need to give evidence
as often as well.
There
would be no lessening of sound Justice. No offender would be
unfairly treated. It might be a little tough on Judges and Court
staff to work through the night but crime does not work regular
hours and sometimes we have to go that extra distance to achieve
good results. Crime affects everyone - any effort that minimises
crime benefits us all. |
